alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2019155EN.01005301.xml

| 6.5.2019 | EN | Official Journal of the European Union | C 155/53 |
| --- | --- | --- | --- |

6.5.2019

EN

Official Journal of the European Union

C 155/53

---

Action brought on 12 March 2019 — AP v EIF

(Case T-155/19)

(2019/C 155/62)

Language of the case: English

Parties

Applicant: AP (represented by: L. Levi, lawyer)

Defendant: European Investment Fund

Form of order sought

The applicant claims that the Court should:

| — | annul the decisions of the defendant dated 30 August 2018 and 3 October 2018 rejecting the applicant’s request dated 20 June 2018; |
| --- | --- |

—

annul the decisions of the defendant dated 30 August 2018 and 3 October 2018 rejecting the applicant’s request dated 20 June 2018;

| — | order the defendant to pay the benefits provided by article 33 of the Staff Regulations retroactively as of 1st April 2018 increased by late interest calculated at the level of the European Central Bank rate +2 points until full payment is received by the applicant; |
| --- | --- |

—

order the defendant to pay the benefits provided by article 33 of the Staff Regulations retroactively as of 1st April 2018 increased by late interest calculated at the level of the European Central Bank rate +2 points until full payment is received by the applicant;

| — | order the defendant to compensate the moral harm, which can be evaluated, ex aequo et bono to the sum of at least 20 000 euros; |
| --- | --- |

—

order the defendant to compensate the moral harm, which can be evaluated, ex aequo et bono to the sum of at least 20 000 euros;

| — | order the defendant to pay all costs. |
| --- | --- |

—

order the defendant to pay all costs.

Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.

| 1. | First plea in law, alleging that the illness of the applicant involved the suspension of the notice period and the application of the social security scheme. The applicant submits that the contrary would constitute a breach of the staff regulations, of the duty of care and of the principle of legitimate expectations. |
| --- | --- |

1.

First plea in law, alleging that the illness of the applicant involved the suspension of the notice period and the application of the social security scheme. The applicant submits that the contrary would constitute a breach of the staff regulations, of the duty of care and of the principle of legitimate expectations.

| 2. | Second plea in law, alleging that the refusal to accept the withdrawal of the resignation of the applicant breaches the duty of care. |
| --- | --- |

2.

Second plea in law, alleging that the refusal to accept the withdrawal of the resignation of the applicant breaches the duty of care.

---
EXHIBIT 4.1


 


[FORM OF WAIVER]


 


December 10,
2009


 


Pzena
Investment Management, LLC


120
West 45th Street, 20th Floor


New
York, NY 10036


 


Re:                               [Principal Amount] Pzena
Investment Management, LLC Senior Subordinated Note Dated October 28, 2008
(the “Note”)


 


Dear
Sirs:


 


In
accordance with Section 10 of the Note, I hereby irrevocably waive Section 2
“Restricted Payments,” insofar as such section prohibits the payments of cash
dividends by the Company, and further, I irrevocably waive Section 7 “Payment
Pro Rata To All Lenders,” to allow the Company to repay the notes to Milestone
Associates, L.L.C., and Amelia Jones Feinberg.


 


	
  Very
  truly yours,

  	
   

  
	
   

  	
   

  
	
  [Note
  Holder]

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
  [Signatory]

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
  ACKNOWLEDGED
  AND AGREED:

  	
   

  
	
   

  	
   

  
	
  PZENA
  INVESTMENT MANAGEMENT, INC.

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
  Gregory
  S. Martin

  	
   

  
	
  Chief
  Financial Officer
# C_2020175EN.01001902.xml

| 25.5.2020 | EN | Official Journal of the European Union | C 175/19 |
| --- | --- | --- | --- |

25.5.2020

EN

Official Journal of the European Union

C 175/19

---

Judgment of the General Court of 26 March 2020 — Wilhelm Sihn jr. v EUIPO — Golden Frog (CHAMELEON)

(Case T-312/19) (1)

(EU trade mark - Opposition proceedings - Application for the EU word mark CHAMELEON - Earlier international and national word marks CHAMELEON - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2020/C 175/24)

Language of the case: English

Parties

Applicant: Wilhelm Sihn jr. GmbH & Co. KG (Niefern-Öschelbronn, Germany) (represented by: H. Twelmeier, lawyer)

Defendant: European Union Intellectual Property Office (represented by: P. Sipos, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Golden Frog GmbH (Meggen, Switzerland) (represented by: G. Messenger, Barrister)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 7 March 2019 (Case R 1551/2018-4), relating to opposition proceedings between Wilhelm Sihn jr. and Golden Frog.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Wilhelm Sihn jr. GmbH & Co. KG to pay the costs. |
| --- | --- |

2.

Orders Wilhelm Sihn jr. GmbH & Co. KG to pay the costs.

---

(1)  OJ C 230, 8.7.2019.

---
#### Andron Construction Corporation, Appellant, v State of New York, Respondent.

Judgment of the Court of Claims entered December 15,1983, affirmed, without costs or disbursements, for reasons stated in the decision of Judge Blinder. Mollen, P. J., Mangano, Gibbons and Bracken, JJ., concur.
#### The People of the State of New York, Respondent, v Charles McCaskill, Appellant.

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Dufficy, J.), rendered March 3, 1982, convicting him of criminal possession of a weapon in the third degree, and endangering the welfare of a child (two counts), upon a jury verdict, and imposing sentence.

Judgment affirmed.

The record reflects certain inconsistencies between the accounts given by two boys who testified that the defendant pointed a gun at them and threatened them, as well as between each of those accounts and the testimony of the arresting officer. The arresting officer’s testimony also reflects certain internal inconsistencies. However, all of those inconsistencies did not undermine the credibility of the witnesses to such a degree as to render their testimony insufficient proof of the defendant’s guilt *(see, People v Fuller,*50 NY2d 628, 635). The officer’s testimony that, immediately after the boys informed him of the incident, he approached the defendant, who was holding a gun, supports the boys’ account that it was the defendant, and not his companion, who held the gun. Therefore, there is sufficient evidence to support the conviction *(see, People v Contes,*60 NY2d 620, 621; Penal Law § 160.10 [2]; § 265.02). Mollen, P. J., Gibbons, Thompson and Brown, JJ., concur.
EXHIBIT 32.1


CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER
PURSUANT TO 18 U.S.C. SS 1350,
AS ADOPTED PURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002


In connection with the quarterly report on Form 10-QSB of Americare Health
Scan, Inc. (the "Company") for the quarter ended September 30, 2007, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Dr. Joseph P. D'Angelo, President and Chief Executive Officer of the Company,
certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to section 906 of the
Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

(1)The Report fully complies with the requirements of section 13(a) or
   15(d) of the Securities Exchange Act of 1934; and

(2)The information contained in the Report fairly presents, in all
   material respects, the financial condition and results of operations of
   the company.

Date: October 16, 2008       /s/  Dr. Joseph P. D'Angelo
      ----------------      ---------------------------
                            Dr. Joseph P. D'Angelo, President, Chief
                            Executive Officer

      October 16, 2008       /s/  Robert Cano
      ----------------      --------------------
                            Robert Cano, Chief Financial Officer
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 38 Engrossed in Senate (ES)]

112th CONGRESS
  2d Session
S. CON. RES. 38

_______________________________________________________________________

                         CONCURRENT RESOLUTION

    Resolved by the Senate (the House of Representatives concurring), 
That when the Senate recesses or adjourns on any day from Thursday, 
March 29, 2012, through Sunday, April 1, 2012, on a motion offered 
pursuant to this concurrent resolution by its Majority Leader or his 
designee, it stand recessed or adjourned until 12:00 noon on Monday, 
April 16, 2012, or such other time on that day as may be specified by 
its Majority Leader or his designee in the motion to recess or adjourn, 
or until the time of any reassembly pursuant to section 2 of this 
concurrent resolution, whichever occurs first; and that when the House 
adjourns on any legislative day through Friday, April 13, 2012, on a 
motion offered pursuant to this concurrent resolution by its majority 
leader or his designee, it stand adjourned until 2 p.m. on Monday, 
April 16, 2012, or until the time of any reassembly pursuant to section 
2 of this concurrent resolution, whichever occurs first.
    Sec. 2.  The Majority Leader of the Senate and the Speaker of the 
House, or their respective designees, acting jointly after consultation 
with the Minority Leader of the Senate and the Minority Leader of the 
House, shall notify the Members of the Senate and House, respectively, 
to reassemble at such place and time as they may designate if, in their 
opinion, the public interest shall warrant it.

            Passed the Senate March 29, 2012.

            Attest:

                                                             Secretary.
112th CONGRESS

  2d Session

                            S. CON. RES. 38

_______________________________________________________________________

                         CONCURRENT RESOLUTION

Providing for a conditional adjournment or recess of the Senate and an 
              adjournment of the House of Representatives.
```
Subscription Form



 Exhibit 10.11 
 SUBSCRIPTION FORM 
 To: FIRST COMMUNITY BANK CORPORATION OF
AMERICA 
 The undersigned hereby irrevocably subscribes for and agrees to purchase
                     units (the “Units”) of First Community Bank Corporation of America, a Florida corporation (the
“Company”) at a price per Unit of $             for an aggregate purchase price of $        . Please submit this Subscription Form
(with a check for the aggregate purchase price made out to [    ]) to [    ] at [    ]. 
 The subscription for Units will be effective upon its acceptance by the Company. The undersigned acknowledges that the offering of Units contemplated hereby (the “Offering”) is not subject to
any minimum aggregate subscription level. 
 The undersigned acknowledges and agrees that this Subscription Form, the payment
for Units, and any other documents delivered in connection herewith will be held on behalf of the Company. In the event that this Subscription Form is not accepted by the Company for whatever reason, which the Company expressly reserves the right to
do, within 30 days of the delivery of this form by the undersigned, such payment (without interest thereon) and any other documents delivered herewith will be returned to the undersigned at the address of the undersigned as set forth in this
Subscription Form. 
 Please provide the following information: 
  

					
	 Name and Address
	  	 Number of Units
	  	 Aggregate Purchase Price for Units

			
	                                       
     	  	                                       
     	  	$        
			
	                                      
      	  		  	
			
	                                       
     	  		  	
			
	E-mail:
                               	  		  	
			
	 Facsimile: (        )
      -        	  		  	

 If different from the information provided above, please provide the exact name that
the securities underlying the Units are to be registered in: 
  

			
	 Registered Holder Name and
Address

	
	                                       
                                         
                                         
                       
	
	                                       
                                         
                                         
                       
		
	    E-mail:
                               	  	Facsimile: (        )       -            

  

 1 








 The undersigned, duly authorized and acting on behalf of the subscriber named above,
intending to be legally bound, hereby confirms the accuracy and completeness of the foregoing. This Subscription Form may be executed by facsimile in one or more counterparts. 
  

			
	Name of Subscriber:                                 
                                        




					
			
	By:	 	  
	 	
	Name:	 		 	
	Title:	 		 	


 The Company hereby accepts this Subscription Form and agrees to sell the Units
to the Subscriber named above. 
  

			
	FIRST COMMUNITY BANK CORPORATION OF AMERICA
		
	By:	 	  

	Name:	 	
	Title:	 	


  

 2
**Exhibit** **32.1**

 

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Annual Report of Young Innovations, Inc., (the "Company") on Form 10-K for the period ending December 31, 2006, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned Chief Executive Officer, President, and Chief Financial Officer of the Company hereby certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to 906 of the Sarbanes-Oxley Act of 2002 that based on their knowledge (1) the Report fully complies with the requirements of Section 13(a) or 15 (d) of the Securities Exchange Act of 1934, and (2) the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of and for the periods covered in the Report.

 

|                       |   |
|----------------------------|--------|
| /s/ Alfred E. Brennan, Jr. |   |  
Alfred E. Brennan, Jr., Director and

Chief Executive Officer

 

/s/ Arthur L. Herbst, Jr.

 

 
Arthur L. Herbst, Jr., 

President

 

 

 
/s/ Christine R. Boehning

 

Christine R. Boehning, 

Vice President and Chief Financial Officer

 

 

 

 

 

March 12, 2007

 

A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Young Innovations, Inc. and will be retained by Young Innovations, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.

 

The foregoing certification is being furnished to the Securities and Exchange Commission as an exhibit to the Form 10-K and shall not be considered filed as part of the Form 10-K.

 

 

  |
# C_2019206EN.01003801.xml

| 17.6.2019 | EN | Official Journal of the European Union | C 206/38 |
| --- | --- | --- | --- |

17.6.2019

EN

Official Journal of the European Union

C 206/38

---

Request for a preliminary ruling from the Finanzgericht des Saarlandes (Germany) lodged on 9 April 2019 — QM v Finanzamt Saarbrücken

(Case C-288/19)

(2019/C 206/43)

Language of the case: German

Referring court

Finanzgericht des Saarlandes

Parties to the main proceedings

Applicant: QM

Defendant: Finanzamt Saarbrücken

Question referred

Is Article 56(2) of the VAT Directive (1) to be interpreted as meaning that ‘hiring of a means of transport to a non-taxable person’ should also be understood as referring to the provision of a vehicle (company car) forming part of the assets of the business of a taxable person to his staff, if the employee does not provide consideration for it that does not consist in (part of) the work performed by him, and thus does not make any payment, does not use any of his cash remuneration for it, and also does not choose between various benefits offered by the taxable person under an agreement between the parties according to which the entitlement to use the company car is contingent on the forgoing of other benefits?

---

(1)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1) as amended by Council Directive 2008/8/EC of 12 February 2008 (OJ 2008 L 44, p. 11).

---
<PAGE>   1
                                                                      EXHIBIT 11


                               AHL SERVICES, INC.

                        COMPUTATION OF EARNINGS PER SHARE
                      (IN THOUSANDS, EXCEPT PER-SHARE DATA)
                                   (UNAUDITED)

<TABLE>
<CAPTION>
                                               THREE MONTHS ENDED        NINE MONTHS ENDED
                                                  SEPTEMBER 30,             SEPTEMBER 30,
                                               ------------------        -----------------
                                                1999         1998        1999          1998
                                                ----         ----        ----          ----
<S>                                           <C>          <C>          <C>          <C>

Income Applicable to Common Stock:
  Net income                                  $ 7,689      $ 4,368      $16,751      $ 8,758
                                              =======      =======      =======      =======


Weighted Average Shares:
  Common shares                                17,406       13,958       17,093       13,726
  Common share equivalents applicable to
    stock options outstanding                     634          621          604          578
                                              -------      -------      -------      -------
  Weighted average common and common
    equivalent shares outstanding during
    the period                                 18,040       14,579       17,697       14,304
                                              =======      =======      =======      =======

Per Share Amount:
  Net income:
             Basic                            $  0.44      $  0.31      $  0.98      $  0.64
                                              =======      =======      =======      =======
             Diluted                          $  0.43      $  0.30      $  0.95      $  0.61
                                              =======      =======      =======      =======
</TABLE>



                                       16
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 55 Enrolled Bill (ENR)]

        S.Con.Res.55
                                        Agreed to August 1, 2012        

                      One Hundred Twelfth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
            the third day of January, two thousand and twelve

                          Concurrent Resolution

    Resolved by the Senate (the House of Representatives concurring), 
That, in the enrollment of the bill (H.R. 1627) an Act to amend title 
38, United States Code, to furnish hospital care and medical services 
to veterans who were stationed at Camp Lejeune, North Carolina, while 
the water was contaminated at Camp Lejeune, to improve the provision of 
housing assistance to veterans and their families, and for other 
purposes, the Clerk of the House of Representatives shall make the 
following correction: in section 201, strike ``Andrew Connelly'' and 
insert ``Andrew Connolly''.
Attest:

                                               Secretary of the Senate.
Attest:

                                 Clerk of the House of Representatives.
```
#### Richard D. Inman, Also Known as Rick D. Inman, Appellant, v Town of New Hartford, Respondent.

— Judgment unanimously reversed, on the law, with costs, and determination and order of Town Board dated August 6, 1984 amended, in accordance with the following memorandum: The court erred in finding that the town followed all procedural requirements in ordering demolition of plaintiff’s building. New Hartford Code § 52-4 provides that an owner shall have 30 days in which to repair or remove a building or structure determined by the town to be unsafe or dangerous, and the town ordered plaintiff to remove his building within 30 days, without providing him the opportunity for repair. From the minutes of the Town Board meeting of July 18th it is clear that petitioner expressed his intent to repair the building, and under section 52-4 he must be provided an opportunity to do so. The town order must be amended accordingly. (Appeal from judgment of Supreme Court, Oneida County, Murphy, J. —preliminary injunction.) Present — Callahan, J. P., Doerr, Green, O’Donnell and Pine, JJ.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM BIOMETRIC
SECURITY CORP.
</LEGEND>
<RESTATED>
<CURRENCY> CANADIAN DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<EXCHANGE-RATE>                                  .6741
<CASH>                                         245,182
<SECURITIES>                                         0
<RECEIVABLES>                                   64,333
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               309,515
<PP&E>                                          86,897
<DEPRECIATION>                                (26,139)
<TOTAL-ASSETS>                               2,566,628 <FN>
<CURRENT-LIABILITIES>                          299,037
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    13,788,855
<OTHER-SE>                                (11,521,264)
<TOTAL-LIABILITY-AND-EQUITY>                 2,566,628
<SALES>                                              0
<TOTAL-REVENUES>                                79,129
<CGS>                                                0
<TOTAL-COSTS>                                1,273,137
<OTHER-EXPENSES>                             5,916,104
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              14,449
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (7,124,561)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (7,124,561)
<EPS-BASIC>                                     (0.38)
<EPS-DILUTED>                                   (0.38)


<FN>
Includes investment of 2,196,355
</FN>

</TABLE>